Thank you, Mr. Chair.
This proposed amendment is directly related to watching much testimony, but particularly the concerns raised by the Canadian Bar Association that, in the event of the judicial warrant provisions carrying, which they now have, we at least amend the bill “to ensure that”—this is the language from the CBA brief—“they align with the fundamental role of Canada's judiciary in upholding the Rule of Law and Canada's constitutional guarantees”.
They point out some of the real weaknesses with the process, which is why this is so important as an amendment. They point out that in this judicial constitutional breach procedure:
No third parties will be able to make submissions. ...the ultimate court decision will be...unavailable to the public, due to confidential security information. No party will be able to appeal the decision. It is untenable that the infringement of Charter rights is open to debate, in secret proceedings where only the government is represented.
That is from the Canadian Bar Association.
Therefore, I am suggesting that we amend this at the end of clause 44 by replacing line 25 with “determined that the measures proposed to be taken are consistent with the rule of law and...the principles of fundamental justice”.